Why isn't Derek Chauvin charged with premeditated 1st degree capital murder?

From the long (10 min) video captured live in real time you can clearly see that Chauvin is repeatedly told over and over that he is committing murder and he is being filmed, yet he chooses to go on doing it on purpose.

Chauvin is not frenzied, there is no 'hot blood' or combat, just cool focused deliberation on his part. In the long 9 minutes that he dragged out the dead guys dying agony you can clearly see in the video Chauvin's premeditation. So, why is he not so charged?

*The video I refer to is the one we all see stills from, I happened to catch it on 5-29-20 before it was touched/redacted. Where you can see it now I'm not sure.

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  • 4 weeks ago

    You can’t be charged by your state with capital murder unless your state has capital punishment. Minnesota does not have capital punishment. As to why he hasn’t been charged with first-degree murder, I can only surmise that his particular murder doesn’t meet the qualifications for it.

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  • Foofa
    Lv 7
    1 month ago

    Because based on the evidence currently available even Keith Ellison doesn't believe a jury would find Chauvin guilty on that charge. But wait, because if the ongoing investigation finds that Chauvin and Floyd knew each other and had previous conflict it might actually support the charge of premeditated murder. Acting in the moment with intention isn't the same as premeditating to set Floyd up to be in that place at that time so a killing could take place. The only premeditated murders between strangers that pass muster with juries usually involve hitmen or serial killers. 

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  • Clive
    Lv 7
    1 month ago

    Because this is not first degree murder.  Maybe you should learn law sometime.

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  • 1 month ago

    It wasn't premeditated murder, that's why he isn't being charged with it. They charged him with murder, and I am sure most district attorneys (I am not one by the way) would agree with that charge at the least that he has been charged with. And they would all deny any way for the state to prove it was premeditated. They would do so rightfully, there isn't anyone on the face of this earth who can claim by seeing the video of Chauvin sitting with his knee in Floyds neck that he "knew" he was going to kill Floyd, much less that he did so willingly and intently. I watched the video and I don't see intent at all.

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  • 1 month ago

    Even with IRREFUTABLE PROOF he set out to commit murder, it wouldn't qualify for capital murder in ANY state. Also note: Capital murder is a step ABOVE 1st degree murder and you CAN'T be convicted of both for a single death.

    The primary reason for the 2nd degree charge is that you CAN'T prove premeditation beyond a reasonable doubt in this case. While it may be justified, the WORST possible result would be to charge 1st degree murder and only convict on a lesser charge.

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  • 1 month ago

    Yes friend when you put your knee on a living person's neck that was previously quite alive and you choke him until his heart stops that is deliberate premeditated first-degree murder and every single person in the United States should demand that this police officer be tried for first-degree murder. Yes the person on the ground was a criminal he had counterfeit money. Yeah that's 10 years in prison not being executed without a trial. There is absolute zero excuse for this and it is becoming quite habitual for police to kill people of color and then to get away with it it has to stop here that cop needs to get charged with first-degree murder and the videos of him choking the man to death needs to be admissible in evidence. The man was choked to death until his heart stopped. It is clear unmistakable first degree murder and that cop needs to be charged as a murderer

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  • 1 month ago

    Largely because that would be close to impossible to prove, and thus he would almost surely be found not guilty.  

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  • Elaine
    Lv 7
    1 month ago

    For First Degree Murder the prosecution has to prove intent to kill  beyond all reasonable doubt.  Proving intent is not as easy as TV shows make it out to be. 

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  • 1 month ago

    That still wouldn't be First Degree murder. I think you need to be a little clearer on what "premeditated" means. It means that it was planned in advance. He should be charges with Second Degree murder.

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